Res 29-85 RESOLUTION NO. 29-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH~ SETTING OUT ACTUAL COSTS IN-
CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCESI PRO-
VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS~ PROVIDING FOR TEE RECORDING OF
THIS RESOnUTION, AND DECLARING SAID nEVY TO BE A r. IEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS~ PRO-
VIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City ~anager or his designated representative has,
pursuant to Chapter 13 of the Code of Ordinances, declared the existence
of a nuisance upon certain lots or parcels of land, described in the list
attached hereto and made a part hereof, for violation of the provisions of
Chapter 13 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 13-16 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated representa-
tive has inspected said land(s) and has determined that a nuisance existed
in accordance with the standards set forth in Chapter 13 of the Code of
Ordinances, and did furnish the respective owner(s) of the land(s) de-
scribed in the attached list with written notice of public nuisance pur-
suant to Sections 13-16 and 13-17 of the Code of Ordinances describing the
nature of the nuisance(s) and sent notice that within fifteen (15) days
from the date of said notice (forty-five (45) days in the case of viola-
tion of Section 13-14 pertaining to seawalls) they must abate said nuis-
ance, or file a written request for a hearing to review the decision that
a nuisance existed within ten (10) days from the date of said notice,
failing in which the City of Delray Beach would proceed to correct this
condition by abating such nuisance, and that the cost thereof would be
levied as an assessment against said property~ and,
WHEREAS, the property owner(s) named in the list attached hereto
and made a part hereof did fail and neglect to abate the nuisance(s)
existing upon their respective lands or to properly request a hearing
pursuant to Section 13-16 within the time limits prescribed in said notice
and Chapter 13 of the Code of Ordinances, or if the property owner(s) did
request and receive a hearing, said property owner(s) failed and/or neg-
lected to abate such nuisance(s) within five (5) days subsequent to the
rendering of a decision adverse to the property owner(s} (thirty-five (35)
days for violation of 13-14) ~ and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s} described in the list
attached and made a part hereof and incurred costs in abating the subject
nuisance(s} existing thereon as described in the notice~ and,
WHEREAS, the City Manager of the City of Delray Beach has, pursu-
ant to Chapter 13 of the Code of Ordinances of the City of Delray Beach,
submitted to the City Council a report of the costs incurred in abating
said nuisance(s) as aforesaid, said report indicating the costs per parcel
of land involvedl and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 13 of the Code of Ordinances desires to assess the cost of said
nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments~ in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or par-
eels of land described in said report, a copy of which is attached hereto
and made a part hereof, are hereby levied against the parcel(s) of land
described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30} days after
mailing of the notice described in S 3, become a lien upon the respective
lots and parcel(s} of land described in said report, of the same nature
and to the same extent as the lien for general city taxes and shall
b~
collectible in the same manner and with the same penalties and under the
same provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid ant
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s} of
the property, as such ownership appears upon the records of the County Tax
Assessor, notice(s) that the City Council of the City of Delray Beach on
the 9th day of April~ 1985 has levied an
assessment against said property for the cost of abatement of said nui-
sance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest Will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days fro~ the date of adoption, and the assessment(s) containe¢
herein shall become due and payable thirty (30) days after the mailinc
date of the notice of said assessment(s), after which a lien shall bE
placed on said property(s}, and interest shall accrue at the rate of eight
(8) percent per annum plus, if collection proceedings are necessary, the
costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been receive~
by the City Clerk within thirty (30) days after the mailing date of the
notice of assessment, the City Clerk is hereby directed to record a certi-
fied copy of this resolution in the public records of Palm Beach County,
Florida, and upon the date and time of recording of the certified copy o~
this resolution a lien shall become effective on the subject propert}
which shall secure the cost of abatement, interest at the rate of 8%, an~
collection costs including a reasonable attorney's fee.
Section 6. That at the time the City Clerk sends the certifie~
copy of this resolUtion for recording, a notice of lien, in the form pre-
scribed in Section 13-20 of the Code of Ordinances, shall be mailed to th~
property owner.
PASSED AND ADOPTED in regular session on this the 9th
day of A~ril , 19 85 'f ~, I~ /_' f'/?//'
ATTEST~
-2- Res. No. 29-85
COM'T C~ ~TII~ ~ES ~ CH~ 13
OF TH~ CO~ C~ ORDI~
* Resub. of Blk 85, ~ 1, Blk 85, William C. Williams, III $ 19.34
Town of Delray, PB 4, P 14, Trustee 35.00 (Adm. Co~t)
Public Records, Palm Bemd~ County, Palm Beech-'Courtho~, 2.68 (Recording)
EL (S.E. 2nd Ave~ae). ~ 3i4" ~ 57.02
West Palm Beach, FL 33401
* Resub. of Blk 85, Lot 2, Blk 85, William C. Williams, III $ 19.34
Tok~ of Delray, PB 4, P 14, Trustee 35.00 (Adm. Co~t)
Public Records, Palm Beach County, Palm Beach Courthouse, 2.68 (Recording}
FL (S.E. 2nd Avenue). Rocm 314 $ 57.02
West Palm Beach, FL 33401
* Resub. of Blk 85, Lot 3, Blk 85, William C. Williams, III $ 19.34
To~n of Delray, PB 4, P 14, Trustee 35.00 (Adm. Co~t)
Public Records, Palm Beach County, Palm Beach Courthouse, 2.68 (Recording)
FL (S.E. 2nd Avenue). Roon 314 $ 57.02
West Palm Beach, FL 33401
* Resub. of Blk 85, Lot 4, Blk 85, William C. Williams, III $ 19.33
Town of Delray, PB 4, P 14, Trustee 35.00 (Adm. Cost)
Public Records, Palm Beach County, Palm Beach Courthouse, 2.68 (Recording)
FL (S.E. 2nd Avenue). Roon 314 $ 57.01
West Palm Beach, FL 33401
* Resub. of Blk 85, Lot 5, Blk 85, William C. Williams, III $ 19.33
Town of Delray, PB 4, P 14, Trustee 35.00 (Adm. Cost)
Public Records, Palm Beach County, Paim Beach Courthouse, 2.68 (Recording)
EL (S.E. 2nd Avenue). Roon 314 $ 57.01
West Palm Beach, FL 33401
* Resub. of Blk 85, Lot 6, Blk 85, William C. Williams, III $ 19.33
Town of Delray, PB 4, P 14, Trustee 35.00 (Adm. Cost)
Public Records, Palm Beach County, Palm Beach Courthouse, 2.68 (Recording)
EL (S.E. 2nd Avenue). Roon 314 $ 57.01
%~st Palm Beach, FL 33401
* Resub. of Blk 85, Lot 7, Bik 85, William C. Williams, III $ 19.33
Town of Delray, PB 4, P 14, Trustee 35.00 (Adm. Cost)
Public Records, Palm Beach County, Palm Beach Courthouse, 2.68 (Recording)
FL (S.E. 2nd Avenue). Rocm 314 $ 57.01
West Palm Beach, FL 33401
* Resub. of Blk 85, Lot 8, Blk 85, William C. Williams, III $ 19.33
Town of Delray, PB 4, P 14, Trustee 35.00 (Adm. Cost)
Public Records, Palm Beach County, Palm Beach Courthouse, 2.68 (Recording)
EL (S.E. 2nd Avenue). R~on 314 $ 57.01
%~-~t Palm Beach, FL 33401
* R~. of Blk 85, Lot 9, Blk 85, William C. Williams, III $ 19.33
Town of Delray, PB 4, P 14, Trustee 35.00 (Adm. Cost)
Public Records, Palm Beadl County, Palm Beach Courthouse, 2.68 (Recording}
FL (S.E. 2nd Avenue). ~xxm 314 $ 57.01
West Palm Beach, FL 33401
* Lot '20, Blk 1, Belair Heights, PB Henry Hay~ $ 77.00
20, P 45, Public B~cords, Palm 211 N.W. 8th Avenue 35.00 (Adm. Cost)
Beach County, FL (28% ~ 9th Ave). Delray Beach, FL 33444 2.68 (Recording)
$114.68
* E150' of ~ of Lot 19, ly S of Lake Yolam4a ArC-em $675.00
Ida B~. r/w less S150' in Section Ridmrd & Judith Meccariello 35.00 (Adm. Cost)
8-46-43 (?~ke Ida Road}. 848 Gloucb~_r Street 2.70 (Recora~nq)
Boc~ Ratu~, FL 33432 $712.70
* S24.7' of Lot 5 & N44.7' of Lot 6, Lucille N. or J,%. Hok~rd $103.00
Blk 28, PB 1, P 3, Public ReOords, 17 N.W. 5th Avenue 35.00 (Adm. Coet)
Palm Bead% County, F~. Delray Beach, FL 33444 2.70 (Recording)
(17 N.W. 5th Avenue) $140.70
* VZOIATIC~ IS: Sec. 13-12. Lar~ls to be ~ free of debris, vegetation, matter
oonsti~ hazards; declared nuisan~.
Sec. 13-13. _W~a., tzash, certain ~s~etatic~, etc., declare~ a
- 4 - Rem. No. 29-85